Modern Piracy

Modern Piracy

Legal Challenges and Responses

Edited by Douglas Guilfoyle

Modern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots. Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike.

Chapter 2: Piracy and armed robbery against ships in Southeast Asia

Robert Beckman

Subjects: law - academic, maritime law, public international law

Extract

This chapter will analyze piracy and armed robbery against ships in Southeast Asia, the area of the world which had the greatest number of incidents of attacks against ships in 2000. It will first examine the nature of attacks on ships in Southeast Asia and explain that the majority of attacks are not considered ‘piracy’ under international law but rather ‘armed robbery against ships’. It will then discuss attacks on ships in Southeast Asia between 1998 and 2008. It will examine the reasons for the rise in the number of attacks between 1998 and 2004 and the measures taken by states in Southeast Asia as well as the international community to bring the number of attacks under control. It will then examine the relative increase in attacks in 2010 and 2011, including the increase in the number of incidents which would either constitute ‘piracy’ as defined in Article 101 of the United Nations Convention on the Law of the Sea (UNCLOS) or offences under the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention). Finally, it will examine fundamental differences between piracy in Somalia and piracy in Southeast Asia, before focusing on the steps that should be taken by states in Southeast Asia to combat piracy and armed robbery against ships in Southeast Asia. Under UNCLOS, piracy can only be committed against ships on the high seas or in the exclusive economic zones (EEZ) of states.

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